MAITHRIPALA

Vs.

ATTORNEY GENERAL

COURT OF APPEAL
WICKREMASJNGHE, J.
DE SILVA, J.
CA/PHC/APN/10/2018
HC/74/2010
SEPTEMBER 21, 2018

Revision-Penal Code, section 3658(2)(b)-Minimum mandatory sentence-Per incuriam-Code of Criminal Procedure Act, No. 15 of 1979, as amended, section 303-Custodial sentence-Suspended sentence-Varying of the sentence by the succeeding judge

The accused was indicted for two offences committed under section 365B(2)(b) of the Penal Code, as amended, and pleaded guilty. For the first offence, the High Court imposed a sentence of 24 months imprisonment suspended for 10 years, a fine and compensation. A similar sentence was passed in respect of the second offence. The jail sentences were to run concurrently. The accused did not pay compensation and evaded court. When he was arrested and brought before the court he informed court that he was unable to pay the compensation. The succeeding High Court Judge imposed sentences of seven years rigorous imprisonment on each count to run consecutively, and compensation. The accused preferred a revision application to the Court of Appeal.

Held:

1. Section 365B(2)(b) of the Penal Code carr